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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i was approached out of the blue by a recruitment agency for

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i was approached out of the blue by a recruitment agency for a job that sounded great. It offered an ideal package and so i went to the assessment day. i came out thinking that i would not be selected but was surprised when the agency called me the following day saying that they wanted me. They told me that my salary was less than they had initially mentioned but the rest of the benefits were still there. Thinking that i had not done so well in the assessment was the reason why this had happened i took the job knowing that i would still get the other benefits - specifically the childcare as i was going from a part-time to full-time. The agency, that same evening, text me a breakdown of the offer which included salary, child care benefit, pension and bonus at a total of over 28000 pounds
When the contract arrived for the job, the childcare was not mentioned, so i queried this with the agency. They in turn asked the company and then told me that this was a third party benefit and i would receive it once i had accepted the position. Not thinking that this would be a problem, i took the job. Once i started, the company told me that the childcare would come out of my salary and was not offered on top. This meant that i had not only lost approx 3300 pounds in salary, but another 2900 pounds in childcare benefit too. In total in signing this contract, i have lost over 6200 pounds. I in turn went back to the agency querying this and was told that it was a miscommunication and would try and come to some middle ground. They approached the company and the company in turn said that it was not their fault and that the agency is pretty much to blame because the company had used them before and that they should have known it was a salary sacrifice scheme. Now the agency has backtracked and said there is nothing they can or pretty will much do about it. I have a written confirmation from the Agency to say what was on offer and emails asking everything before i signed the contract. Am i entitled to receive some kind of compensation for this from the Agency?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did the contract have a specific notice period which would have been required to terminate the position?
Customer:

Im still in the probation period and in the contract it states that i need to give one weeks notice within this time, Otherwise it would be one month

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues yesterday and could not get back on the site. All seems to be resolved now so I can continue with my advice.

Your rights will be rather limited in this situation, specifically in terms of ensuring you get these benefits long term or actually retaining the job on the current package. The main problem is that if you have been continuously employed at your place of work for less than 2 years then your employment rights mean that you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds. So in effect the employer can decide to issue you with a week’s notice to terminate your employment now and then they can either issue you with a new corrected contract which you can take or leave, or they can just call it a day and not re-employ you at all. So if you want to press them to honour the original agreement they can simply respond by terminating your employment in full or just the current contract and thus putting an end to the incorrectly agreed terms anyway. All you would then be entitled to is the value of the benefits you are pursuing for the time you were employed by them under that contract. As you can imagine that would be a relatively low amount as you have not been there very long.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you for your response. The employer never did make the offer. It was the Agency itself that made the offer of the extra childcare. The company offers the childcare through a salary sacrifice system as it is a Government Scheme. I was just wondering would i have a claim against the Agency as they are the ones that made the incorrect offer and are still going to make their commission regardless of me losing my money.

Customer:

I am not unhappy with the company, if anything i would like to stay with them. I did speak to them and they did say that they would like me to stay as well. I also mentioned to them that i did not want this to affect my working here and i definitely would not want to leave.

Customer:

They do seem to be happy with me at the moment. I just have a problem with the way that the Agency has dealt with this. They are not helping to rectify this and if anything refused to call me back even when they said they would. Is there anyway of claiming compensation from the Agency without it affecting my career with this company?

Ben Jones :

You will have limited rights against the agency as well. They would potentially be liable for negligence but the losses would still be the same – you cannot expect large compensation such as the equivalent of the benefits you lost over a year or longer – it will still be based on how soon these can legally be stopped and in your case it is just a week.

Also no one can guarantee that pursuing the agency will not affect your employment with the company. For example they could be on good business terms and if the agency makes it clear that you are being troublesome then the company could terminate your employment quite easily. No one knows really, it depends on their relationship and also on how far the employer is willing to take this, so there will always be a risk.

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Hi, I apologise in replying to you. After reading your last reply, i needed to go to my company manager and ask him about the situation and what you said. He told me that as a company, they are not involved in this and that it would not affect my employment with them. On the whole, my manager is saying that i should continue with this and maybe go over the Agency Managers Head and ask his Manager to sort this out as they have still not replied to my initial email.

Ben Jones :

it's good that your job is safe. So you will now have to pursue this directly with the agency - you can do this as the employer has suggested but if you get no luck that way then the only way to pursue it is to go to the small claims court. Happy to clarify anything else if needed?

Customer:

Thank you

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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